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Archived updates for Thursday, February 21, 2008

Chinese Patent Trials to Allow Foreign Experts as Reference, Not Evidence

According to Xie Chuanjiao writing for China Daily on February 20, 2008, foreign experts will be allowed to take part in Chinese patent rights trials involving foreign parties. Supreme People's Court vice-president Cao Jianming reportedly also told a national conference in Jinan, Shandong province that
  • Courts should use more people with specialist technical backgrounds to serve on people's juries in IPR trials, and even invite renowned experts to serve as full jury members
  • Concerned parties will be encouraged to bring people with technical experts into court to speak on issues relating to the case
  • "To improve the accuracy of deciding technical facts in such cases, local courts can also set up an expert consultation system," the Cao said."However, the consultants' opinions must be used only as reference for judges and not be presented as evidence."
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